The Sun. — London, England, 1826-08-18 00:00:00

A~ Esq., barrister at flv', the mute of the said E. G. Wakefield and Wm. Wakefield, *he admitted to this deponent, that he had employed the r,aid Wm. Molyneux to print the same bY the orders of the said E. G. Wake. field, Andthis depiment for himself saith, that on the followinig day the said Wm. Ds said the printer, produced and showed to this deponent a letter in the handwriting of the said E. G. Wakefield, addressed to him in thelellowing winds and figures, this deponent having taken a true copy of the same, that is to , a)' " London, May d, 1826. Sir,—l hereby undertake to give you a bond of indemnity, or in any other Way that you may please, to protect you from every conse. quence that may result from your printing a paper entitled A state. , meet of facts' flu e -I,ain your obedient servant, "'l'o W. Mid Yrieux. E. 6 WA K EFIELD." And this deponent further wraith, that he has in his possession a written copy of the same, and which is wholly in the hand writing of the said E. G. Witketield„ and a letter in his hand-writing enclosed in an envelope, and addressed itt the same hand writing in the following w0n1a...." I:rm , , Williarn Turner Esq. &c. &-c. &c, Bhrigley Park, Macelo.. field, Mahehriter Mail." to which papers this deponent resPeet , fully craves leave to refer. And this rieponent further saith, that he, saw and read in . thenewspaper called the Mitccuariato 1-teast,n, published the week or week atter Mit one before the 10th June last, an account of eircumittanees conneeted with the marriage of F. Wakefield with a ward of the Court of Chant:try, of his adventures on that occasion, and also someaccount of his father and Minify. And this deponent said that the paragraph referred to, as having appeared in the AIsccLI:SVIELI , COURIER of the loth of lime last, does appear to this deponent to he a commentary or criticism upon that account, which , this deponent hash been inf°n m , and believes', was published by the said K. C. Wakefield, or William 1 akelield, wine of their relations, or friends, and this deponent further saith that the town of Macclesfield is distant from Lan_ taster 73 miles Or thereabouta. !it' 111 • The King, v. William Wakefield and others. Thomas GrinisditCh, a Macclesfield, in the county Of Chester, gentle roan, matte, tb ottth and saith that Edward Thesenot , °neer th e defend-. ants I n tnis prosecution, cannot lie found in England i that a warrant has been out sotainst the said Edward Thevenot tbr , his apprehension lever since the month ofllartti but, and that this deponent saw him it Calais, in the kingdottSolErance, on the lath of March last; that this 4etsescent slid tin behalf of the, oresecinor (wise considerable prcrtions t o - used, and a Reationa to he made to the Government Of trance, to give up ilia swid' ' alhevenotfor+histioe, for the offence with which he %with charged bream of these indictments, but. that such applications were nnsucceastlik AhriAbis deponent says he has been Informed and believes that thirasittoF4ward Tbovenot is still in the kingdom of France. :And thissAtaponesit further with he has seen letters in the handwriting of 'Edward Gibbon Wakefield, one of the said deleudants , in which he states hi residence to be Rue de in Repinal, No. bli, Paris ; and this deponent rarye.that the said Edward Tbeventd is a servant of the wilt Edward Gibbon tWakefield, whose usual place of abode is id France as aforesaid. , TOGS. GRIIsISDITCII. Mr. Serpent. Caoss fidlowed on the same side. The object was to prevent public .justice being defeated, and the prosecutor harassed hieuselees delay. It seemed as if the business of the Court here was, to grant indulgence to the wilted without re gard to.public justice. The prosecutor were here from the first day of the Assizes, waiting the will of the defendants, and it would aer!ift, that it rested with these latter now to say, whether they would be tried or not. Mr. hcarlett had said that the oh s sect of the prowl:Auer was to have the satisfaction of two trials, but who could suppose, that from such proceedings as these, Mr. T. could derive any satiefeetion ? Its had been driven to the pain fid necessity of inetituting these proceedings, not by any conduct of his owe; hut. by the conduct of the defendant. Mr. Scarlett said, there would be another trial. Who can tell that? Who knows that the defendant May not, withdraw himself out of the reach of the jori , tdiction of the tribunals of this canary? It hap pens, in fact, that his listed place of domicile is out of the country, If this defendant can thus put off his trial, there is not another defendant, or priseneeat therm .Aasizes who may net do the saint ? What ! it the,. prosecutor to be again called here to repeat in the face of the public the, circumstances of this nauseous and disgust ing easse ? I hope, my. Lerd, y9ll will not entirely overlook the feelings of the prosecutor, and that if you,do postpone the trial, it will be upon undoubted lane, and for good reasons. Let look at what the defendant is charged with in these indictments. . Mr. imitate raniceseSay rather "this' indictment, because he supposes himself liehle to he tried only upon one. Mr. Sceeeere•r—That is my opinion. Mr. Sergeant Ceoss—Mr. Scarlett has said that there are dif ficultiesein this case, from its novelty and its extraordinary cir cumstances. But Ido not. see tbat,there are two indictments, one e lven an ancient statute, which Mr. Scarlett thinks so difficult, that it would require thetweive Judges of England to interpret it. Mr. Justice PARK—No, brother Cross, lie said, the four Judges. . • Mr. Sergeant Cm - pis—But admitting some difficulty to exist as to one indictment, what says my Learned Friend to the.charge of conspiracy, of which he has not said one word ? To that, there fore, there is no objection ; lint if we take that case, the difficul ties ender the statute.are not so material. Another' ground is, that the defendant has been taken by surprise. Can that be said, when it is five months since the offence was committed, and. four ranee, as.the AttorneyeGeneral stated, the defendant wa. fully ap prised of every thing connected with the charge ? The next ground if, , the absence of material wit:memo, .1 beg of you, my, Lord, to consider whether this application. is not , now made Ate mere purpose of delayt and -whether any boanifida grounds - have been urgeditemiliport 'ileitis application ?. Not a criminal tried at these Malta* who cosdtl,liotr allege grounds as strong as these for poopoking his trial. Mr. inatiCa PAaw..-To he sure they could. The Learned Sergeant concluded by reading the words of the clause in the. Act of .Parliament, by which this Coact Was autho rised to grant a Spettial Jury. to -a party in a criminal case,. and concluded by praying his Lordship not to delay this trial, as thereby there would be a danger of:defeating the justice of the country. • Mr. SCARLETT observed that this was theinactice under the old law. • Mr. leek*, Pectic---And you might have applied for a cerilo rari in this Court. Mr. Wiemeate, tin the time aide, said, that, without refer ence to the- feelings of either party, which had nothing to do with this application,' the defendant enuld nut traverse hie Lordship's judgment, unless upon the strongest arid ~fullest grounds. Ile was by law bound to be put upon his trial. Within his own (Mr. W.'a) personal knowledge, a east similar to this occurred-e. (Mateeey v. Johnsinr)---where the same objections were raised ; but the party was obliged to go to trial. This took place in the neighbouring palatine county of Chester. As to the absence of Bagenal, it was not stated • that his usual residence. had been searched, sir that it Wan impossible to bring him into Court. With respect to Isle being tried by e Special Jury, lie (Mr. W. 4) was of opinion, that even if the defendant could procure that form of trial, it would not he so unobjectionable as a trial before a common Jury in thilfeinintry. lie (Mr. W.) did not think there was a more in telligent body of men in England than the Com Mon Jury of Lan cashire ; and if he had the misfortune to be defendant in any case, he would rather take'hie trial before them than any other Jury in the country. It lewhetiesaid, that persons in the higher awake of life were mote free from prejudice than those more humble. But was that the case here ? This was a charge for taking away an heiress with the Vie* of getting Imesession of her goods—and was it' not Filch', that persons' in'the mire 'Opulent ranks of life would Nympatflisetreorti With the party injured; and visit with greater reprobetion the offender, than' those of more'humble pre tensions ? This wail the first time he had heard of an application to postpone x trial beelines of a paragraph in a newspaper seventy miles ofi', and not within the county. In Yorkshire, indeed, some time. ago, there was a cape of a MAR charged with murder, anti out of V newspapers in the county, it appeared that all but one had endeavoured, by paragraphs, psalms, &r. to excite a pre judice against him. Thew, publications were made the subject of • an application to the Court to postpone the trialeand successfully so. In this Cite there were no such grounds ; and he hoped, therefore, his Lordship would nut postpone the trial. Mr.' fleounireat MIAMI` shortly on the lama side, and colt tended t,hat'S common jury in a case like this was s more impar tial then a specie! one. As to the absence of witnesses, the mein part of this case took place before the defendant met with Mtn. Ilinat Sitw e ll an d MO Honer whom lie m et in tb° patitet-bnitt going over to Calais. Their evidence was not there tore. materiel lit the King V. rriton, it was held' nitesairy to setisfy - the Court that the witeceset absent were material to the cautlei still that, in fact, the party could not safely go to 'trial without them. The 'Learned Counsel forther urged, that the connection hocceen the absent. Witruteset and the mite war very slight, and concl u ded by calling upon the (aunt to rejeet this application. Mr. SceOttAr rowto. reply--I am vire your Lordship will have no difficulty in judging of the imp or t ance o f t h ese proceed ings, when four eminent Counsel are found e n the other iick, op. posing a motion which I bdieVtd as a Mattel' of male to be granted, 'with en touch of earnestness, zeal, said declamation. Your Lordahip, from this circemstenee alone must he of opinion that it is a ease full of ilitlicultirs, stud requiring much tielibe. which the declamatory topics, ration. I will, pals over all have nothing" at all so do with the• queetion under discussion, only observing that he knew his Lordship would not he inflamesi either by the recital of filets by the Attorney-Gener a l, t l .which were introduced to awaken f eelin g s, or the declamation the L eeee ,A s ergeant , „ma I , l ,fief . Ito every r o i e, as , well as to the _one now under consideration. Every prosecutor may nay su d _ h 4 1 ) ' are here, if the t r i a l c oat clued next plicatien, witnetetes Irowlentor may . assizes; I coast haVe to bring them main. with as math justice ounplam gheeMetros; Yhiardship the and ex pense. I Will; therefore,. pass over ' theike topics at p ursue argumem e e,,,, /e m i t s :ai r ed by the Learned Attorney-Gener al.--- While his Leareed Is t iend Mr. Williams took am opport unity end common, and Mi. praising Lanciehire .furies, IIF OI4 wooed Brougham took 4stieeial Ore to :Week, I beg not to itut _- as disparaging Coinsurer jUries. an here, sod case of u d those who were protecuttif • wititlinte thi,iudietineet was foun d:re, sod afterward* removed by certiorari to the King's Beach Upon that acession no such topics those now Offered But wexe pressed. T The applicEttivrt ',was at Once, acceded to. to the arguments* which I have thrown suit with respect to the certiorari, permit me to say, no answer has been given. If an application for a certiorari ha d heats made to the King's Bench on the part of , Mr. Wm. Wakefield befiwe the indictment Was , fentßl against him, the Court would say they could, nut grant it - theymust wait to see whether, an indictment for a felony may not be found, because, in that case, they could not grant a cer tiorari. I need not mention that the Court of Nng's Bench sever gave an opinion whether the charge arneunted to a felony ,:, anti for the best reason, because all the circumstances could int he within their knowledge, till an indictment was found against the principal. Soon after the brother was apprehended, an application was made by the prosecutor, which led to an in quiry, in which all the circumstances were fully investigated, in order to ascertain whether the charge amounted to a felony or not, Does my learned friend mean to say that if the Court.of King's Bench had heen applied to for a certiorari they would have, for a moment, listened to such an application ? No ,Counsel would have ventured to make it. The Court would have said, "We cannot grant • it, because we do not know what may he the result of the Assizes. There was another , indictment preferred, and the issue of that must Mat be known," An Indictment might have been preferred against Mr. William Wakefield for petjurY, or for any other offence, as well as that with which be was now charged ; and the Court could not be in possession of the real circumstances till they knew bow the charges. against the principal was disposed. I am therefore as convinced as that I am here, that the King's Bench would not grant a cer tiorari till that event was known. With regard to Special Juries, the law stood exactly as it did before 'the, Act of 6 Geo. 4. For a s that Act purported to be only a consolidation of the laws relat ing to Juries, if it omitted to repeal it, the law relating to spe cial juries in the counties palatine remained precisely as it did before. Therefore the law was nothing more than it was before the passing of that Act. Mr. Williams referred to his own ex perienw of what pasaed in the counties palatine of Chester and Lancaster, but as to civil proceedings only. In these the Court of Ckontient' Pleas, as well as the King's Bench, eould grant certioraris. But in criminal matters the King's Bench alone had the Pon* If a case were to be removed from this juris diction to tfie Court of King's Bench, it could he removed only by certiorari, and an application must he made to the Vice-Chancellor's Court for that purpose. I defy any gentle man to show me that a certiorari can he obtained by any other proceeding. I beg to remind your Lordship of your having ad- I %deed the introduction of an Act of Parliament to assimilate the mode of obtaining certioraris with the course of the King** Bench; for by two statutes of William, the jurisdiction of the Court Of King's Bench in issuing certioraris was limited. Be- , fore the passing of these Acts every subject, whether prosecutor or defended, at the Quarter Sessions, or elrewhere, bad a right, to obtain a certiorari ; but these statutes limited the jurisdiction, by making application by Coensel necessary; and providing that at the Quarter Sessions proper notice of such application should be given.' But in the Courts td the Codifies Palatine the jurisdic tion remained unlimited, till an Act 'was introduced, by your, Lordship's advii* and p4sed, extending the same limitation to algae Comte. Now what would be the consequence of an appli cation for a certiorari bete, and not to the King's Bench? Why, the same thing must happen. It would put 'off the trial till the next Assizes. The effect` NAM lie precisely the tiatitei in either ,case. The remedy proposed as a' substitution for the course they now took would end in the same result—that of postponing the trial. We do not deny the existence of such a rule as that mentioned by the Clerk of the. Court, but the ap plication for a Specie! Jury must still he regulated by the statute, by which it would be impossible, if we resorted to that Court, to avoid having the trial postponed. , My Learned Friend, the Attot my-Genetal, says this is not 'a case of so much difficulty, that it may not be tried by your Lordship. This topic he had addressed ad invidium to me; but I **sure your Lordship, that if my own interests alone were concerned, there is no Learned Judge to whom I would more confidently entrust them, than to. your Lordship's decision. But concerned as I 'ant for the interests of my client, if Lord Mansfield, instead of your Lordship, were sitting on the bench, I would advise him to take the same course, and, iu a matter of: so much difficultrand im pertance„ have it submitted to the consideration of a higher tri bunal. Though this observation was made by the Learned Attorney- General ad vereeundium or ad invidiuni to me, it was not to he wendered et that in a case of such novelty and difficulty,_ requiring the advocacy of four Counsel of great' eminence and zeal, one of whom, of great learning and talent, was brought down specially 14 dna case ! of of titeCeunmel here being thought *de viate to the management: of so important it etinse ; it was not, I repeat, under such circumstances to Ile wondered at, that L should feel somewhat alarmed and terrified, and find it ne t :notary. to resort to precaution trial.delineratinis, and prooeed step by step, as tbelsw tillourfl. It was any desire and advice to my client, that whether the decision 'maY he for or against him, that every,step should he taken to witioirthe forms of law allowed, to have the decision of the highest alkluirite. As to the affidavit of Mr,.Grimsditch, in which it was stated that something had been inserted in the news papers, that applied only to Edward Gibbon Wakefield. If he were guilty of an imprudence, and .did something requiring an an swer,:or a commentary brow a Macclesfield paper (I wish Mr. Grimeditth had sworn he was not !'proprietor of that paper), Alt. William Wakefield had nothing to do with it; he=was no party to its publication, and therefore ought not to he involved in its consequences. if it were so important that Mr. Denison should swear he was not a party to the publication charged to Mr. Edward G. Wakefield, he was ready to do it. Mr. Justice Paatac—l can't take it now. • • Mr. St:AH.l,m rerumed,—The ulTidavit of Mr.. Grimsditch then proceeded to give specific proof of Mr. Edward (..; Wakefield having authorised the publication of a certain statement; but however indiscreetly he might hive acted, I submit hii acts have no reference to William Wakefield. It was also sworn that Mac clesfield was seventy-two milestirom Lancaster, as if his Lordship' had not known that before ; but it was only twenty-two miles from one of theme populous parts of the county, and from which Juries were chiefly selected,--from Manchester and Steckport. will, therefore, dismiss this part of the question without further observation. It wee objected that William Wakefield had not sworn these four witnesses Were material, but he did all, under the circumstances, it was competent for him to do ; he swore he -was advised they were material witnesses, and that it was impossible to procure their attendance now, as they were in France. Upon this part of the case, his Learned Friend (Mr. Brougham) said he' would offer but one word, but his were sesqueptdatia verba : for when once his fervour was exerted, it was difficult for hini to stop. His Learned Friend cited the case of the King v. the 'Chevalier I)'Eon. That was an application to Lord Mansfield to put off the trial, on the ground that his witnesses were abroad. But he made no reffidavit that he had taken every means to procure their attendance. Mr. flaouottaat-a-1 - did not cite it for that purpose.. Mr. Scataem—Yott used it for a particdar. purpose. I use it for another; and here I hag te'stitte, that if I had any idea that four Connivel were to speak on. the' other side, I would have left the reply to one of toy friends, and not have occupied so much of your' Lordship's time and my oWn, at such personal inconvenience to myself. In that case, Lord Minefield refused the application ; not because the deponent had not stated that every means had been mewled to to 'procure; their attendance, but because the witnesses were subjects of the Crown of France, and the Court had no ju ristliiZen OM' t 114 1 ": 711 this case, time witnesses, were not resi dent in France, and might he subpoenaed when they returned. By postponement; therefore, their presence Would be insured, and the letters stated they were expected in this country. It was objected that it was not 'stated in the "affidavit of Wm, Wakefield, who told him that Mr. Bagenal was a material witness. But was an in dividual to be accused of perjury, beeause he , did not name the person who told him. in this affidavit, Mr. W. Wakefield stated, that he believed he wits now abroad, and that he was a material 'witness.' Mr: Grimsditch, who lives near Staffok , does not swear that be believed he was not abroad. Mr. Justice PARK.-11Ir. Grimeditch has been here during the Assizes„ and perhaps has not seen your affidavits till it was too late for him to ascertain. That makes neither war. Mr. See ALETT cot - dinned, end submitted that no suf ficient an isomer hail. been given to the arguments which he laid before his, Lordship a s a ground for granting the application to postpone the trial. Notwithstanding all the zeal, earnestness, and declamation displayed by his Learned Friends, riot one fact war( stated to show that it was essential to the ends of justice that two trials should take OW upon this indictment, which must be the result ,if Mr. W. Wakefield wee, tried at these Assizes. The AttoratirMe a" is of opinion, the trial should come on ; we are of opi nion, if it does, that it will be a high prejudice to justice, and doubt, .if your Lordship should so determine, whether we will -not - give up our briefs and decline appearing all. No, one <feet , hat, been suggested to show why the tithe ar the Court Should be occupied now and at the next Assizes to try the, earns may go abroad, he toty'tinit, the country, and thus evade put on his trial.The,Learned Sergeant, it was true, sai d he ' q ue***, "' w hy. the least gu ilt y should he the first justice ; but this equally IPPliad to Skews. If I could see that the end s of justice would be ' leave d would at ,sues reason to justify him in /receding to s uch a course bad beei by havingthe trial take place now , . I give up all objeetioni end consent to its coming on ; but no offered'm the affidavits read or otherwise. Mr. Grimsditch was good enough to take Mr. Wakefield',, cue under his Management , and say that he was ready, smut haul all his witnesses here ; but this teas assuming that he was a better judge who were or were . . not material witnesses than Mr. Wakefiel or hie C ounsel. On these grounds I submit his trial ought to be r osi r iona l . Mr. Justice PAttE—lf I were to consult my own convenience I or consolation and coin fort, 1 would readily accede to the applica tion for postponing the trial, for the consequence of its taking place this Assizes will he to keep me here some days of the next week; but I am bound to do my ditty hetwhy ,a solemn oath, and whether right or wrong I !nest act In,nbedience to it. If I should be wrong, it will be an er ror in. jUdgment and not inten tion. I already know' somethiog of the Inn-ties, am sorry to say, lam now likely to know too much. The application for putting off the trial has been made on ,two groUnds- r one an appeal to my discretion ; and the, other founded on law. If the Attorney General for the County Palatine (Mr. S.I had eltown me any sufficient ground why it should he put off 1 would have willingly yielded to it ; and here I will observe s , it would he as well if the trgunients had been left to the two Attorneys-General and four Counsel had not made speechea, whom, having the right, I could not have interrupted. If sufficient grounds were stated, it was a 1 matter of every day's course to put off a trial. But would the statements or the affidavits of the defendant here he a sufficient ground for postponing a ti ial in an action for goods sold and delivered'? I must say . I .never saw such loose affidavits offered "as a ground for postpon in g any trial: They were quite insufficient to shew that the ivitneasies names were material wit nesses,. • But it appears the defendant was never charged With a higher offence thap a utisrletneatior, and this has been adverted to by the Learned Counsel who made the application, I must say that if 'the Court of King's Bench had issued a writ of cer tiorari, and had the depositions returned to them, if they doubted, after reading these, whether the circumstances amounted to a felony or a misdemeanour, with_all the affection and reve tenee I entertain for the learned personages of that Court, I must say that I would rather see a man tried by any other tribunal. The writ VMS issued against Mr. Wakefield front the Court of King's Bench on the 13th of February last, and it appears by the recognizance; that he was brought up in Easter Term and bailed. The consequence of this is, that ~lp has two Terms to col ' lect witnesses, and if Mrs. Hurst Sitwell and Miss Hoare, were important cod necessary witnesset, why nothave applied to them before the '2tl of August? They, however, never applied ; and even supposing the fact mentioned by the Attorney-General for the county Palatine, that the agent in London mighthave sent them copies of subpaenas, why not have written to them to know whether they would come or net? but no steps were taken to ensure their attendance till the beginning of thy present month.— With respect to Mr. Bagenal," or some such name, he never saw such a statement in the whole course of his life as that contained in the affidavit relative to that gentleman. Every man who may he placed at the bar, may apply to have his trial put off on similar grounds. fie states that he was not informed in sufficient time, that Mr. Bagenal Wag a material witness ; but did not Mr. Wake field know who were material witnesses% ? He must have known. It was inipossible he could be ignorant of it ; and then he adds the singular statement, that he understands and verily believes that he has something important to communicate, all which inifortnation he verily believes' to be true. Observe, how ever, that he does not say it ii true, but that he verily believes it. He also states, that he. believes him to be now in France, hut not a word whether he has taken any steps to'ascer tain if he were at. his residence in Staffordshire. There was an other witness, botninick Daly, who would not come on account of some paragraph which he saw in a newspaper. Such an excuse was trifling with a Court of Justice. If every Paragraph that an peered in newspapers were attended to, there would at once be an mid to the administration of justice, I read a paragraph in a paper at Appleby that astonished me. It stated that Thursday bad been appointed for this trial. 4 with whom alone the appoint ment of a day rests, never heard a word or it before. No applica tion was made to me on the subject, and therefore no day could have been appointed; and yet all take the authority of a news paper, without its even stating the source from whiCh ilia infor mation was derived. Though.' , I am well aware of the re- WI and affection which Mr. Sciirlett entertains for me, and also of his opinion of ' nits I think he itete, - wisely in endeavouring ,to have the ' opinion Of the lighest tribunal upon the subject; hot I am certain of this, that if it were re moved by certiorari tn- the King's' Bench, it would be sent down' to me again to decide upon the facts that may be offered in' evi dence; subject to appeal, if any doubt or - difficulty. arose, not to the King's Bench, for which I have a great respect, but to the twelve Judges, for whom I have more. Amid hem the chance was greater; , fist it was the invariable rule of the twelve Judge* to grant in application for the ccusaideration of any point of law, upon the, owe etitterq%t ,q( Coonstel'Shasioavas one of such Jiff*. eulty as to require their solemn and grave opinion on it. There fore, any advantage which multi be had from the King's Bench, willhe haul in a superior degree , by an application to the twelve Judges. With regard to a special Jury, whether it is in my power to grant one or, not, I will tint now, sal,it will ,he time enough to decide when the application is ',nide ; but I, will add. my own experience to Mr. Williams's, and hare no hesitation in saying, without disparagement to this comity, that I never saw any special Jury half ao pod as a common i,ne. They are generally Men of large property,. many of, Om as ',lerge as the property of spe cial Jurors, and though generally supposed inferior in rank to spe cial Jurors, Ido not think so. The neat ground for postponing the trial—and as the best leg was gerii,rally put foremost, it was the first and most important stated' in the affidaVit, though not much dwelt upon by the. Learned Counsel—these were newspaper paragraphs. But they were no foundation for putting off, the trial. In, perhaps, the most serious ease that ever occurred----the case of Thurtell, a similar implication was made, on the,ground of continued and incessant publication, in newspapers. I thought this no ground for 'putting off the trial, but suggested that it might he adjourned for a 'month;; and if the Attorney-General for the County Palatine would wish to spend *part of October here, I have no 'objection. to put off this trial for a mouth, that the prejudices 'Which it is said are now entertained, but which I do riot 'where, May be weaned from men's minds. It was in consequence of that being a charge of murder, which might end in the deith of the person accused, that from a feeling of tenderness and huma nity, though inconvenient to myself, I expressed a hope the prose cutor would not press me to the necessity of trying the case then. It was then the beginning of the Moires, and I came back, after going through. the Circuit,' to try that eitik. ' I have read tli ^ e ni ragraph in the paper alluded to, and it was manifestly in answer to anotherpuhlished by Eilw; G. Wakefield. I consented to the postponement of the trial of Edw. Wakefield; and in the opinion that I acted rightly, I believe the granter part of the Bar con curred ; but which I shall not rev*, though I have since heard, that a very high authority has ,dittered.from that opinion. Upon these grounds I think the trial ought'mit to he postponed. , lit reply to a question from' the Armoury-GENERAL, Mr. Justice Pasta said, that he had twee) , wish teaccommodate hi m ; he was b oun d t o try the rioters first. If some cases were dispored,of to-day, he may take it to-nterrow, but if not, he was afraid he could not take it till after Friday, as the trial' of the Nl`Keene was appointed for that day. Ilia Learned Brother and himself had,,seriottely considered it, and this course they had de cided on. . as ,The Artga.flax-GANt O,A t. expressed himself quite satisfied. Vid,14614 PAPERS. • . • . (From the PiMie of TuEgd , ay, Aug. 15.) MADRID, AUG. S.—The only house that exists at Solar di tChaebirrecloa Majesties of ; apartments, t t h h e r7 ret:ch Geti ti h v a o d . , o t f he which othe :_ t ee2ie b tl ei l n iy g able to bear the great heat, arid Otii insects Which tormented him, -he preferred a tent. It is said that one day, when the General had the honour to dine at the King's table, his Majesty said to him, " Sit down et my right hand, General." " Sire," answered he, " I shall always be there till your enemies are at your feet." It seems that the General thinbs, of remaining a long time in Spain. It is said.that the English liar(' convinced the Queen cif Portugal that, for her own peace, and that Of the Portuguese, it was advisable for her to go to England, and that het Majesty had Bole on!lnrard en English ship. M. Ilecacho is dill with the King. There are various cons jectures f respecting the cense of this log absence from the capital. The Council of State meets daily. If Was iti owe of its Sitting' that it Was first proposed, in the name of the efirgy, to ghre fifty inilliona to levy an army against Portugal. M. Castanne having , observed ironically that this am would be enough. to buy stock ings, be was answered that another fifty millions would be given if necessary. " Well," said the General, " that will do for the shoes and helmets, and who will furnish the rest ?" In fact, if 60,000 men are to be completely clothed, armed, and equipped, 100 millions of teals would not suffice. • The 'pay, provisions, and all the extraordinary expences of an army in the field must be added. A change in the Ministry is still spoken of. M. Recacho is mentioned as intended for Minister of Grace and Justice, with the addition' of the Police: the Alargels d'Almenara for the Fi nences,, and Count Ofalia for Foreign Affairs. We beet had little news : the excessive hat, 30 degrees (or 103 Fahrenheit), keeps every body at home, and people only come out at night to breathe a little fresh .air.—lndicateur. Pants, Ana. 14.—1 f we give credit to the rumours in cir culation, the news that has arrived from the East would not be at all favourable, to the cause of Mahmoud. The Janissaries of the provinies, having heard of the lamentable end of their brethren at Constantinople, have rallied in each of the chief cities, with the intention of defending themselves against the violent measure(', of the Porte. As in that country whatever is p.ncient inspires veneration, the most barbarous tribes of the proVinces, the Der vises and the Priests have joined the, Janissaries, to defend that force. 'which throughout the Ottoman Empire, ie hmked on as national and sacred. So says report. It is added, that the orders, which go forth from the Divan are but indifferently obeyed. A large ,force would be required, in order to operate a complete revolution, and although every reliance may be placed: on the troops that are organized after the European mode, their numbers are much too small to act at the same time, and with the same influence, over the vast dOminions of the Otto man Porte, in Europe and Asia. What is most to be feared iu the prOgress of the revolution, is the resistance of the Paella, the .greater number of whom are affiliated to the Janissaries. It is known, that in this empire, the resistance of the:most petty IPacha, has often endured for many years, and more than once has ter minated in the dismemberment of the empire. The Europeans offer Up prayers for the triumph of.the Sultan, for any reaction would prove much more terrible than the messaeree to which they have been witneatia. Even they, however, think that matters. have been too much precipitated. With two or three years delay, the Silken must have triumphed without opposition. The affairs of Portugal ocoupy at once the Journals of London and Paris ; they touch on the sore place. Portugal, which is, in some sort, an English colony, is unwilling to receive the cons ititutiun which England is impposing on it; and it is quite a matter of course that England should feel and complain. The Liberals, in this new-imported Constitution, behold the germ of a revelution in' Portugal, and, after Portugal, in Spain. It is quite a matter of course that the Liberals should, in consequence, laud the Constitution, and make common cause with Great Bu s tain in its support. Bat can our Ministry have entered into either of these views ? Their Jonrnals have . eulogiied the Coils stitution of Portugal ; 'they have eulogised Mr., Canning, his policy, his plans ; that circumstance proves that we shall remain quiet spectators of the struggle ; or, if we interfere at all, that we aball interfere for the restoration of public tranquillity, as Englind does, namely, that the exertions of our diplomacy will he lintited to the enforcement of the peaceable taking of the oath to the Constitution. M. Regnault de St. Jean D'Angely, who was in the affair of Kariitto, in the island of Negropont, has just arrived at Paris. He laingit with hitn tha„son of Petro Bey, Chief of the Mainntes. FRANCE. (From the journal des De/tats.) Vint*, An 14. —There is a genera 3, though concealed move iiisnt'at present agitating the Diplomatic Corps.. kt. de Metter nich has stopped on his journey to Johannisberg, surprised pro bably, by the news which ha has received at the same time from Constantinople and Lisbon ;—the insurrection of the Janissaries of Smyrna, the suspension of the conferences of Akerman,.the new 'pretensions of the Sultan, and the , ravages of the plague, being confirmed. The Ministerial Journals keep a mysterious silence. (From the Quotidienne.) The Count De . Casa Flores, our Ambassador M Lisbon, has not yet received from our Ministry any instructions concerning the course he is to pursue. M. D'Anduagna, who was to super sede him, has abandoned all thoughts of his journey. Thus, in the,diplonurcy of the day, nothing is provided for, and when the event cranes, no one knows what to do. The Commander in ch ,,,,,itorrronn ie f : , itnp i ho n faoatr l O , t.d e o t(epibe t te:e l ,rs i a a ati v tinro i dnohnoga. troops, e g, n l,llo: t ot,ve a ngh i sero l t v ribete i hcra assurede s es , dittd o o f serl i iic h aii. e ti,teat:ibi,ai arrival tya berg t t i h h a ne i e n n t s p i b t , e eo t t p h o ir e ee ' * C I t n r oE s f t t o hitt t he reue r of madam have received the troops who have deserted froinPortagal with unanimous acclamations. SHIPPING INTELLIGENCE. FROM LLOYD'S, (THIS DAY). • Dem., Au,;. 412 t evening a bark from the Westward passed for the River with a blackball painted on her foretop *ail. Arrived and sailed for the River the Orestee, front North Americ a . R ema i ns , t he Fawur !tunaltconlon to the South . stai, with Atl as , f or 3 at r t i ca , Margaretlut, for Havatinali Royal George, lor and The fhtanitah, Clapperton, put back last ..evening and turned away. igait',l this; morning. The Tartar, Louisa, Rosella, and Victory, have not,put back. Pottisstourn, Au G. 17.--Wind Weaterly....Arrived the Branch, Morrison,. front Quebec. PLY MOliTtt, Ann. 16—Wind W.—Arrived the Quebec packet, Atkinson, from Q ue b ec in 40 days. Spoke the Paris, Havattnah, to Liverpool, Aug. 6,.in lat. 47.50., long. 31. W. FAtmotilt; Anti. 16.—Wind W. S. W.—Arrived the llope relict, Wright, from Jamaica, saitt,lllth July, and from Crook ed Island lath, spoke: 21th J u l y , l e t. 38. 12. lon. St, 20. the Eliza, from Grenada to Lonthin ; 30111, in lat. 38. 30. In 60. the Mary, 12 days frini Quebec for Kingston, and Aug. 1, in lat. .39. 10. lon. 47. 01X t. the 'ship 'Underwood; froM Deme rara to London; also arrived 'the Catuden packet, Tilly, from sailed flint] Rio 24th May, Babla 9 th J u ne, and Parnatn burl) 19th; the Lord HoliSrt packet, from Buenos Ayres, salli'd 814 May, and from Monte Video 9.d June, spoke July ad in lat. ;10. lon. 28. 10. the Carolina, froin Antwerp to Buenos Ayres. Sailed the Sophia, Boodle, for Quehec• • - . . . Ltvearool, AIIG. 18.—Off thePtt' l l tl*R4n44l4 ' I) "." 6°n ' from New York, sailed 2241Ju1y, . ,Arrived, the Orwell, Claude, kott, Chieftain, and 'Nestor, front Quebec ; Thomas, Benny, from Mirarnichi; Lord Douglas and Woodman, from St. John's, N. B. ; Paragon, Thompson, from New Orleans; India n , m at . tbiss, ditto; Ilannab, bias, from. Charleston; Susannah,. . 'tenter, front Ilamburgh • and Ayrshire, Wilson, from Pietnu. NASSAU, , NEW.P4OV.IMINCI, ‘i t.Y S, --The 'Triton, Gotualesi ' from. the C4natift to Havannah, Israel: tot a sunk en n i c k, n eit ithe Little Isaac, but got off iu leakritatt, Alter thrown,. a part of bar cargo overboard. She,put.into,SnalOnas landitsl part , /f het „on, and proceeded,. The J o h n. Gil Cuthway, from Boston to Havannah, is totally wrecked near the Hole iu the `Wall. UNIVEIiSITY INTELLIGENCE. C*lll9.loGt, AUOUST 18.—Mr. Arthur Ltapingwelf, B. A. • of iit. Peter's college, and Mr. John Gore, B. A. of Ceius e c oil ' e, are candidates for the office of Deputy .Esquire Bedell. T e following gentlemen of this university were ordained by the ord Bishop of Hereford, on the 6th inst. DitAcow.—John Jamer,k B. A. St. John's college. Pita/yrs.—John Baldwin, B. A. Christ college ; Matthew Henry Jones, ' B. A. Queen's college ; Thomas Taylor Lewis, B. A. St. John's college ; 'Herbert Napleton Beaver, B. A. 'Catharine-hall ; Jehn Simons, B. A. Queen's college ; and `Philip Hall Palmer, B. A. Jesus college. CORONER'S INQUEST. Yesterday ' MELANCHOLY EPmteTs cif? OXALIC ACID.— e ir y ; :it .e :i n i es - aping . ,I. l A ?t n ihi et l b il i9e g t i l l y i i ii roi t if i o ui n ivin !O irs a (3 l .l t i a a k i? : ee n fo, a mt !, e .fi te nii;c P ii r l i it n ity c ol t ) t u o en f gA lV lTa tt Ei l i F ,: , , , aged only years. . It appeared that the deceased resided with her parents at EtTra-road, Brixton. On Tuesday morning she left her hoifie in apparent good health, and when she returned in' the evening, complained of being poorly, ller mother said ehe.had better take a little medicine at bed , time. • The deceased said she would, and had b oug ht of a che" 1 mist in the Washway, on her return home, an ounce of Epsom Salts. The ingredient Was accord.: ingly made up in 'hot-water, and given to her by her sister. The deceased at first hesitated ,takipg it, and told her 'Hata to take one half herself, who replied that. could be of no service I:vhatever : the decca.sed soon after swallowed the contents and repaired to bed, where she had bean but. a few minutes before she c omplained of excru ciating pain in her bowels, which increased so elarraingly 1 that her parents were called up and a surgeon sent for, but 1 before h 4 arrived the deceased had expired. The lapse of time from her taking the dose, and her death, did not on the s l p ve p r t e , promptly attended, exceed ten minutes. Pronounced theingredient to be oxalic acid, anti not blr.llam m m td o b n y d, tahseuregosnatne;irt:stildiaiitdirernitined in ht pro Epsom salts. - unload but neither could state the motive she had in pro. >, nor had he (the brother) de— miring . the poisonous drug, The brother and sister of the, sired her to buy any axabe aci d. The Jury unanimously exonerated the chemist from all imputation, observing; n o person could have used more ' caution than he did, and after' some consultation, they re diet That the deceased died b y taking • turned a ver • oxalic acid. the Klass, Acci p }; NT.—Ahout cleven °flock this morning, gentleman, in proceeding Itiong:Fleit7street in a. horse and gig, by a ttempting to .PaSe-hetWeen two coal waggons, which were moving the contrary way, unfortunately entangled the chaise be tween their wheels, in 4 1 4 a way that the cbaise.and horse were with. considerable : violence. This. , gentleman fortu. o n v a ;r i t y iirnrgl su 40 HO injury bpya4l4oo a tips bl.4ihr.4, neither was the horse much injured, but the Chaise was b ro k en t o pieces. xest , ---=--- - . --. PRICES Coir STOCKS THIS. Bank Stock • ......... 3 per Cent. Red 3 per Cent- Cons. 3! per per Cent. MOO Re* • . 86 54 4 per Cent. New.. 91 104% Ri nk Scrip ... ....... —..-- Bank Long Ann. ....... .. 19% 5-16 India Stock ... --.L.- 1 Ditto 800d5....t; Pim ---'------ DAY AT ONN 0 , CLOCK.• 4" South Sea Stoelc ' .. .. —• . ~ . 3 Old Annuities . . .......... ..„....... -- ~T , ,,-. New Ditto . ....... - . ... —: ; . Ex. Bali, .£ ........... ....... 17 inn. „ • Ditto . .—_.. . 500 Rd. ... .. . '15.17 ern.. t Ditto Small . ... id. ..... .15 10. pm: Ditto Adverdsed ........... .......- . Bank for Acceniut.. ...... ......... India for Account . .... ... ..4 .. ... Cons. for Aorount ..... .... ........ PRICES OF FOREIGN F 1 Auttrlan Bonds, 5 per cent. Brazilian Bonds.. 514 B ue nos Ayres Bonds . 5O Chilian Bonds, 6 per ct. ..... ... r.Ohnubian Bonds pito, 3824 .................. 32 Ali% Danish, -3 P ex cent *-X Greek ispi7ds . , Ditto, 1625 ....... • .............. 1 .3 13 Gnatsruala MexiCart Bonds ... . .. "- Do. IR'25 , NDS AT ONE 0 ' 01.00» , Neapolitan, 1824 .................. t Pernviin Bonds.. ................... Portuguese Bonds .................. Prussian, St per vent. ............. Ditto, New ........................... Russlap, New, h per cent. Spanish, 1921 ........................ ............... Tl, French Rentes, p. ...... —C . ----Exchange . ......... —t --- 3 per cent. ..... . . —1 Exchange........., —e. 443i!441 5 -..,.....--- . HARES AT ONE 0 CLOCK. - PRICES OF Pai d. Per Shale. Ir4i Anglo Mexican Mining Comp.- . XIII ...., 34 },l Brazilian Mining C0mpany........... 4 if . General Mining ,Arsociat ion ............. .4..4 ‘ Z ln United Mexican Mining C om p an y ...... ... .4 ~,„‘ 73 Prolflncial Rank or Ireland .. , ..... . • ._=" ------ PRICE OF IRISII STOCKS, — .4: • 11G15. i Rank Stock Gov. Stock, 3)4 per cent.... tib A s Royal Irish Dit, 4o .......... .. _ Ditto, New ... 4 per Cent. New 'tiNliii,' i Patriotic Ditto ....... , ........... ..... ..., _ Goy. Deb. 3% per cent. - --.. , Hibernian Bank ...."... .......... —' • Consols, 3 per cent -,l ji I. yrovinciai Ditto ........ w_ ..... .. ; -. 4 : do. Royal Canal Stock .... Grand Canal Stock --.. Isbverial )tine .............. . ...... ..... City Deb.. 4 per cent ..... Ballast O ffi ce Deb. I per cent, - 7 - Hew 13661 ,..... 1 -2:22,==.1:--.., _,„._ I I.E. 1 Arrived. -.lsc iF f ,e ....... ....... 0 ' oFlart,.'eli.••••• .... • .... Jantaie," ...... - ' O Leeivarit Idona' • O Malta O America 1 Brasil ✓ Boma. Ayres v 111C414 WATER AT LONDON BRIDGE TO-) 10B.It OW. - Morning 9 minutes after. 3. 1 Evening ....... m inutes at'tcs' Arrived. Due. I Dublin 1 Waterford -0 ' 0 Donagliadee ... 1 Otiermey A.,Jeriey 0 0 Lihbon 1 0 Eiottenburgh I 0 Hainburgh I ' 0 Holland 0 ... ,w~. 'Mk ate. LONDON, FRIDAY EVENING, AUGUST is, IS-26. The Paris Papers of T last night. On account oftliat day being the ... anti of the Assumption, the Ettige was not published, Tuesday morning . reach us no .business was done on the ggchange. It is stated in an article from the subjoin, tinder the date of Madrid, gm the 3d inst ,, , v ins that the Queen of PORTUGAL has been pent's, he por. embark on board a British ship ot war, for i . , ...,.. • pose of being conveyed to this country. ~7osire It would appear from the same article, that , , 1 7407 has a strong inclination to levy an Army ag ai nst a , .CIITTI tugal, but is unable to find means for raising a - • vhich Piioie, which we cient, sum to meet the extraordinary expences ''' . • ' W o uld be thereby increased. Th us nations, like 11 ' 6 vvvirtinegls,a.coiarebys. trie e i t s j 'a m i::of p p re e l c e u n n t i e a d ry plish their desires. We annex a few of the extracts from these papers, in which, amongst other things, is stated, that rumours are in circulation that accounts fmroenain: ablehiid finrerwivsedoffrtohlen SULTAN'S cause. bringing tinfi"u". ! .:.------___ The following additional Proclamation, ~ f ed Ill• , • Ist inst., by the INFANTA REGENT of Portugal, i 5 - given in the Pilote. Fitim the general tenor of this' instrument, we are confirmed in the inference which w't drew yesterday frOm the former intelligence from I'a'n • tugal in t he Papers, that the spirit of insubor ct nou tanciettailtili . . . dination which , had been manifested in tWo or three ' places had not led to any serious consequetices. . kapott, A tro uet , l • PROCLAMATION. • " Portuguese !-By the Constitutional Charter, to wl'ic h ° 6l. - lion'° ' have s just sworn, I am appointed to the Regency of th ese king during the minority of my august niece, our lawful Queen , S" h l d Donna Maria da Gloria. As the first subject, it it 112 Y d ai T - e i ' :put into speedy and vigorous execution the wise constitatio Charter which has been given from his' throne to hie Poetog ilt.. „„ subjects hy my august brother, our . legitituate King Senhor v" Pedi° Iv., whose glorious name is pronounced with admiratiet respect, and astonishment, in America, in Europe. 00 in I. : whole world. I shall execute, therefore, and cause to be , e _, s- ; cuted, this immortal Constitutional Code, the only pledge' 01....,°71 Political salvation. Unhappy he who oppose/cit. The low ' • punish him without pity, and I shall he aa inexorable es the 14W .4, " Ti) revive by ell.possible means our ancient prosperitY s it " i . ••, glory, to encourage the arts and sciences, to promote agticu it t - "V 4 cOmmerce,,and industry ; in a word, to emplo y all the tnesto t c,'" .., are calculated to make a nation happy, which i s w orihy of b el , - „': so ; such is my sacred duty,, such is my ambition. 0, P °r- guese ! I have no other ; and if, as you know, I hsvehitherto.re; crificed my health for the good ' of" the country, I will 001 myself, if such a sacrifice be nice/wary, to the good of the t ti o - ' :And where is the Portuguese worthy of that glorious pain; -• • • does not willingly join his Regent in such noble s entiments ',: se ' ' • Portuguese! let us imitate our ancestors , anal W e Sbill'n or they were, by their-immortal deed*, the won der o f k.'urope vf,, .. the world. Union and obedience to the laws, an d w e shah --, happy; andlewegtohiteinlainsliteahtoastlob%:eialreilineirti legitimatediiiitg:lnitiaitsilultiob,sea:taitiwbrlia„;:,atytaactihefareitgott h i ppy, because the Genitts of Evil found among the Portugee.,' d y f fahftr e aohhei t rrisie el :t,fiv6y,rro ueas)stelfti p .iiiiil r gisil o tiotehtnee tT risebeitfl ic .alg.wl te tit.aole ; 4:Rent.eitaN y hadmino l o u iies m irenseuina t4.?,ll:etiiiio:lßboirigriuonitit;7,litlareoe,tatiiteh)itni:editweawyibitidlitoist:cif;Tutilv:potiiitniiilidiibraitiir;eat(hml ret:isisdetimisiti.teiti:,:ir,viou it, Which your august father, our King graciously granted ukca'n!lt gb the e d and g lory . I raised the edifice of our good femme as tar a" - ,..,.:1 tol U : rtlohhtvhr°errats):a:l e n n 0 m: 114 4 .: gt government hle ian.tiafietsithioairtn:7:illid;cl:: if Imitate mo dels which it p resents to Yon .in the most ditholt light .- ,f f t respect,s a t t h a etrh'e an d ' e v gratit ud e, ' r e te iri v i . virtues tt e s o a o ur be fi ancestors, eti7 the n ano cfl 71::::1:::: 1 were. -- the. w at o i n h t e le; a rd are ad of m is i ou rati: seu n 6 .h f or th: d u a n x iv i, er ld s:. , An.2,4110 ci. and w e f 5 I tit 1 4 . "T h e INFANTA Itt.-' Brussels P Preached tow' 1 the 'Flan last An strici e deisariniiti ell6:otihiin---,±-g. inst. Berlin, contained in these, papers, asmetis tha t ; fi b ra B-I t t : lbri ii ie , 's Duke of WELLINGTON was in St. Peter b - r atiti min, Treaty was concluded between Russia, Grier ." and Prussia, embracing all the great questioo g ' e ,:f . 100 ' ' n al e l ral the P C il ab cY in " e l t i s i , ci a l and P o r n esei wl l i t ic ei b lt a °agC d th ec .:Yl l ta a tkwwoe4iti:iatt)ritie:e:ti t e l: vis e t e h o r r e n e na l t 'o: n e , r n a t w t i h l_l e j.;: be nn p )e u r b o l ; ish s e i d c i i ni t otiti,eAdsitt:7l72,lo,:w: col , .. 11, Atti c ' r ' goes' "-to assume, that. this-Declaration will e n i „. , 0 t c h lu e d a ff ing air t s he ()l de A st m in e i r e i s ca. orl w 'n e rk il e as y a t i h id °"6l ; E ; e : ol . 7 : l: i il l3 .l. 4 . e, • it adds, ",that it would .evidently be nit.l,,-Aiso' I I„ . _ 41 , - conjectures to think of determining , he' rg- OO P conditions of an act of such vast importances . ..,lbst : ,; can venture oti,this subject is to Ore" " 1 '4 5 16 1.4 .'`J the fate of the heroic Greeks, which constatiiito::co niiii ' siler'* , 4 ' 6 i rests all generous minds, will 115 - - In in It -1 ' tier 'as to fulfil' the Wishes wettish ' the la t-t 5 — 0 i them, especially since the report gains grow l , • •